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Purchase Agreement – Terms and Conditions
This Purchase Agreement (“Agreement”) is by and between Americar Classifieds and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of verbal or electronic execution, as the case may be. This Agreement sets forth the terms and conditions of your use of americarclassifieds.com and represents the entire agreement between You and Americar Classifieds. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement.
1. Fees. In consideration for the services and products ("service") purchased by You and provided to You by Americar Classifieds, You agree to pay Americar Classifieds at the time service is provided. Payment is to be made by You by providing either a valid credit card or an online check (collectively, the "Payment Method"). All personal checks will be delayed 14 days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. Depending on the service or product the fees are: (a) for a vehicle sale listing, $89.99 (b) for a vehicle lease listing, $129.99. You shall also pay all taxes levied upon the sale depending on your state or province. You agree to pay such fees. Payments are nonrefundable.
2. Term. The term of this Agreement is 90 days, at which time Americar Classified may elect at its sole discretion to remove your vehicle from its website and discontinue offering You its services.
3. Modifications. You agree that Americar Classifieds may modify this agreement from time to time. Americar Classifieds may also discontinue services it provides under this agreement. You agree to be bound by any changes Americar Classifieds may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with Americar Classifieds You will not receive a refund for any fees You may have paid to Americar Classifieds.
4. Up-to-Date Information. You agree to notify Americar Classifieds within 5 business days when any of the information You provided as part of the registration process changes. It is Your responsibility to keep this information in a current and accurate status. You agree that for each registration by You, the following contact data is required: name, telephone number, and email address. You acknowledge and agree that registration requires that this contact information, in whole or in part, be shared with the registry operator. This information must also be made publicly available You hereby consent and give permission for all such disclosures. Further, You represent and warrant that, if You are providing information about a third party, You have notified the third party of the disclosure and the purpose for the disclosure and You have obtained the third party's consent to such disclosure.
5. Suspension of Service. You agree that Your failure to comply completely with the terms and conditions events set forth in this agreement will result in the suspension or cancellation of use any of the services provided by Americar Classifieds. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach. Americar Classifieds’ failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.
6. Right of Refusal. You agree that Americar Classifieds, in its sole discretion and without liability to You, may refuse to accept the registration of any vehicle. Americar Classifieds also may in its sole discretion and without liability to You delete the registration of any vehicle during the first thirty (30) days after registration has taken place. Americar Classifieds may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by Americar Classifieds in its sole discretion, in association with spam or morally objectionable activities. In the event Americar Classifieds refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to Americar Classifieds in connection with the registration either being canceled or refused. In the event Americar Classifieds deletes the registration of a vehicle being used in association with spam or morally objectionable activities, no refund will be issued.
7. Limitations of Liability. You agree that Americar Classifieds' entire liability to you under this agreement, and your only remedy, in connection with any service provided by Americar Classifieds, to you under this agreement, and for any breach of this agreement by Americar Classifieds, shall be limited to the fees you paid to Americar Classifieds for the particular service in contention. Americar Classifieds and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of Americar Classifieds’ services or for the cost of obtaining substitute services. Because certain states or provinces do not permit the limitation of elimination of liability for certain types of damage, Americar Classifieds' liability shall be limited to the smallest amount permitted by law.
8. Indemnity. You agree to release, defend, indemnify and hold harmless Americar Classifieds and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with Americar Classifieds whether or not on Your behalf, and whether or not with Your permission) use of the services provided by Americar Classifieds.
9. Representation and Warranties. You warrant that You are over 18 years of age and of legal age to enter into contractual agreements in the state or province in which You presently reside. You warrant that You are the true and authorized owner of the credit card (bank account in the case of an online check) used to make this purchase. You warrant that all information provided by You is complete and accurate. You warrant that any registration You make is being done so in good faith. You also warrant that the listing being registered will not be used in connection with any illegal activity. You agree that Americar Classifieds makes no representations or warranties or any kind in connection with this agreement.
10. Disclaimer. Americar Classifieds expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Americar Classifieds makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Americar Classifieds does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
11. Severability. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
12. Notices. You agree that all notices from Americar Classifieds will be sent either to the email address You have on file with Americar Classifieds or mailed by regular mail to the postal address You have on file with Americar Classifieds. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.
13. Waiver of Breach. Americar Classifieds’ waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
14. Right to Contact. You grant to Americar Classifieds the irrevocable right to contact You via mail, telephone, or email concerning any of issues respecting this Agreement and Your registration.
15. Final. Your verbal acceptance by telephone or digital acceptance on Americar Classifieds’ website shall be deemed to be the same as if you had affixed your signature to this Agreement.
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